CORRESPONDENCE_1977-2008 - Laserfiche WebLink

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CJ 1 is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of 2 any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, 3 or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the 4 writing so specifies. 5 8.6 Headinas. The headings in this Amended Stipulation are included for convenience 6 only and shall neither affect the construction or interpretation of any provision in this Amended 7 Stipulation nor affect any of the rights or obligations of the parties to this Amended Stipulation. 8 8.7 Necessary Acts, Further Assurances. The parties shall at their own cost and expense 9 execute and deliver such further documents and instruments and shall take such other action as 10 may be reasonably required or appropriate evidence to carry out the intent and purposes of this 11 Amended Stipulation. 12 8.8 Attorney's Fees. In any litigation, arbitration or other proceeding by which one party 13 either seeks to enforce its rights under this Amended Stipulation (whether in contract, tort, or 14 both) or seeks a declaration of any rights or obligations under this Amended Stipulation, the 15 prevailing party shall be awarded reasonable attorney's fees, together with any costs and 16 expenses, to resolve the dispute and to enforce the final judgment. 17 8.9 Due Authorization. The parties represent and warrant that the execution, delivery 18 performance of this Amended Stipulation has been duly authorized by all necessary corporate 19 action. 20 8.10 No Third Party Rights. This Amended Stipulation is made solely for the benefit of 21 the parties to this Amended Stipulation and their respective permitted successors and assigns, 22 any no other person or entity shall have or acquire any right by virtue of this Amended 23 Stipulation. 24 8.11 Court Approval. This Amended Stipulation shall be submitted to the Court for 25 approval, but shall be binding on the parties whether or not the Amended Stipulation is approved 26 by the Court. The Order approving this Amended Stipulation and this Amended Stipulation may 27 be recorded in the Official Records of San Joaquin County at Plaintiff's option. 28 LAW OFFICES OF Mark D. Poniatowski ROFESSIONAL CORPORATION 2811 CASTRO VALLEY BLVD. SUITE 208 AMENDED AND RESTATED STIPULATION FOR ENTRY OF JUDGMENT AGAINST Page -I- llTrITTATIT\T T`TT ATTO